In our previous post, we touched on the fact that state-legal medical and recreational marijuana businesses (including indirect marijuana businesses) could not receive federal financial assistance due to marijuana’s continued Schedule I status under the Controlled Substances Act (“CSA”). While state-legal medical and recreational marijuana businesses have been adversely affected due to government imposed
The below discussion is an analysis of the current legal environment related to the recent COVID-19 pandemic. This analysis highlights the ability of both medical and retail businesses to continue operating in light of several emergency orders from the State of Colorado and emergency rule changes from the Marijuana Enforcement Division (“MED”). This summary is not a legal opinion, but rather perspective and analysis on the current status of such emergency rules and orders. The content provided herein is subject to change as the laws and interpretation of such laws change.
STATE ANALYSIS
Below is a summary of the current status of Governor Polis’ Executive Orders, Colorado Department of Public Health’s (“CDPHE”) Public Health Orders (“PHO”), Emergency Rules, and MED Guidance (the “Releases”) updated as of March 30, 2020. For ease of reference, at the end of this summary is a link to all applicable Releases.
Continue Reading HB Analysis of Recent COVID-19 Announcements by the State of Colorado and the Marijuana Enforcement Division
Husch Blackwell’s Steve Levine is pleased to present at the 2020 Regional Conference in St. Louis for the Healthcare Compliance Association. Steve will serve on a panel discussing the state of medical marijuana. The conference provides attendees with a forum to interact with local compliance professionals, share information about compliance successes and challenges, and create
President Trump is back at it again with his most recent inconsistent stance on marijuana. “As part of his recently released fiscal year 2021 budget plan, Trump proposed ending an existing policy that protects state medical marijuana programs from Justice Department interference in addition to a provision that would continue to prohibit the District
The U.S. Food and Drug Administration (FDA) issued a press release on the evening of Monday, November 25 concerning its recent enforcement actions and a regulatory decision concerning products that contain cannabidiol (CBD). The Warning Letters follow FDA’s trend of focusing its CBD product enforcement on unapproved drug claims. The regulatory decision stated in the press release concerns FDA’s decision that CBD is not generally recognized as safe (GRAS) for use as a food additive.
The fifteen (15) Warning Letters, each dated November 22, 2019, were issued to companies for marketing various CBD products. The products identified in the Warning Letters spanned conventional foods, dietary supplements and animal products. FDA made specific mention in several Warning Letters about statements regarding the use of CBD products in infants and children.
Continue Reading FDA States CBD Is Not GRAS for Use in Food, Issues More Warning Letters
Last week, the US Center for Disease Control and Prevention (the “CDC”) announced what the agency considers to be an important breakthrough in their investigation on vaping illnesses. While the CDC has not ruled out other possible factors, the investigation has revealed a correlation between those suffering from symptoms and Vitamin E acetate. The
Steve Levine, leader of Husch Blackwell’s national cannabis practice, will be in Fairview Heights, IL on August 29, 2019 to speak at the International Council of Shopping Centers’ (ICSC) Downstate Illinois P3 Luncheon. He will moderate a roundtable discussion covering regional industry developments concerning cannabis.
To register and learn more about the program,
On May 28, 2019, the United States Department of Agriculture (the “USDA”) and the Office of the General Counsel (the “GC”) issued a legal opinion on the status of hemp following the passage of the 2018 Farm Bill. The opinion confirms: first, hemp must be produced under the 2014 Farm Bill until the USDA creates
The Alcohol and Tobacco Tax and Trade Bureau (TTB) recently issued an industry circular which makes clear that cannabidiol (CBD), a product derived from hemp, is not permitted in alcohol beverages.
Read the full post here.
Husch Blackwell’s Donna Pryor, Partner, was featured in the March edition of Coal Age discussing considerations for workplace policies related to medical marijuana. Donna takes a look at a few of the latest, leading cases and discusses considerations for employers.
Read the full article here.